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How will I-526 approval affect a derivative’s ability to obtain or renew an F-1 Visa?

Depending on the timing, it is possible that an I-526 approval will have no affect on a derivative’s application for an F-1 Visa. Until a derivative files his/her own Form DS-260, he/she has not expressed immigrant intent. It may, however, be necessary for the derivative to disclose the potential of future immigration based on the family member’s EB-5 petition. If a derivative has already applied for an EB-5 Visa, he/she may be denied the F-1 Visa. Due to the complex nature and timing of such cases, it would be best for the investor and/or derivative beneficiary to consult their immigration attorney before proceeding with the F-1 application.